Q: How far back do arrearages go. The custodial parent and I were not going through child support services for payments.
The child is now deceased. She went to court exactly one year from his death. He lived with me the last 3 1/2 years of his life. There was not a change through courts of a custodial parent. I have proof of him living with me through those years. I keep reading about the courts only going back five years. What truth is there to this?
A: The 5 year limit you are referring to is a fairly new statute that applies when the court is first establishing a support obligation. When doing so, the la requires the Judge to also make a decision ( called "findings") about past due support or "retroactive" support. However, is rare cases the judge can go back further than 5 years OR he can make it less than five years. Your question doesn't give enough particular information to answer- consult an experienced family law attorney for specific advice.
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